Partly allowed

Yashpal and Another v. State of U.P. and Another

Allahabad HC11 May 2022A482/27016/2021

Case brief

AI extract

What is this about?

The High Court refused to quash the FIR and proceedings under Section 482 Cr.P.C. as an offense was prima facie made out. However, directing immediate surrender and expeditious bail disposal, a temporary non-arrest order was issued for four weeks or until surrender.

What did the court decide?

Application to quash dismissed; direction to surrender within four weeks; interim non-arrest order until surrender; bail to be disposed expeditiously.

Yashpal and Another Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2022)

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Court No. - 42 Case :- APPLICATION U/S 482 No. - 27016 of 2021 Applicant :- Yashpal And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nirbhay Singh Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

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The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 12.10.2018 as well as the entire proceedings of Case No.1569 of 2021 (State Vs. Yashpal and another), arising out of Case Crime No. 0348 of 2018, under Sections 452, 323, 504, 506 I.P.C., P.S. Patiyali, District Kasganj.

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The contention of learned counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment.

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From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicants. All the submissions made at the bar, relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283 .

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In view of the above, the relief as sought by the applicants in the instant application is refused.

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However, considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicants shall surrender before the concerned court below within four weeks from today and in case apply for bail, the bail application of the applicants shall be disposed of expeditiously by the courts below in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922.

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For the period of four weeks from today or till the time of

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surrender of the applicants before the concerned court below, whichever is earlier, they shall not be arrested in the above case.

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With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.

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Order Date :- 11.5.2022/Meenu

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Digitally signed by MEENU SINGH Date: 2022.05.12 18:02:09 IST Reason: Location: High Court of Judicature at Allahabad

Yashpal and Another v. State of U.P. and Another

Case brief

What is this about?

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Yashpal and Another v. State of U.P. and Another

Case brief

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